Bill Text: FL S1038 | 2015 | Regular Session | Introduced
Bill Title: Charter Schools
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-05-01 - Died in Education Pre-K - 12 [S1038 Detail]
Download: Florida-2015-S1038-Introduced.html
Florida Senate - 2015 SB 1038
By Senator Montford
3-00813-15 20151038__
1 A bill to be entitled
2 An act relating to charter schools; creating s.
3 1002.322, F.S.; providing a short title and purpose of
4 the act; providing legislative findings; creating s.
5 1002.323, F.S.; defining terms; creating s. 1002.324,
6 F.S.; specifying the duties and responsibilities of
7 the Department of Education with respect to the
8 issuance of statements of need; requiring the State
9 Board of Education to adopt certain rules; requiring
10 the state board to allow stakeholder participation in
11 rule development; creating s. 1002.325, F.S.;
12 requiring an applicant to file a letter of intent with
13 the department before applying for a statement of
14 need; prescribing required content for a letter of
15 intent; requiring the department to publish notice of
16 filing of letters of intent in the Florida
17 Administrative Register; specifying the content of a
18 statement of need application; requiring the state
19 board to adopt a certain rule; establishing procedures
20 governing the submission and review of applications;
21 authorizing the department to hold a public hearing
22 regarding a proposed project under certain
23 circumstances; authorizing an applicant to submit a
24 response to a written statement of opposition;
25 specifying evaluation criteria for applications;
26 authorizing the department to assess fees on
27 applications; creating s. 1002.326, F.S.; establishing
28 procedures for the department to issue or deny
29 statements of need; requiring publication of the
30 department’s report and notice of intent; authorizing
31 specified parties to file a request for an
32 administrative hearing; requiring the department to
33 issue a final order within a certain timeframe of an
34 administrative law judge’s recommended order;
35 authorizing a party to an administrative hearing to
36 seek judicial review; authorizing the reviewing court
37 to award attorney fees and court costs under certain
38 circumstances; creating s. 1002.327, F.S.; specifying
39 applicability of the statement of need review process;
40 authorizing expedited review and exemption from review
41 under certain circumstances; creating s. 1002.328,
42 F.S.; authorizing the department to conditionally
43 issue a statement of need; authorizing a statement
44 holder to apply to the department for a modification
45 of conditions; requiring the state board to specify
46 factors constituting good cause for modification by
47 rule; authorizing the department to assess a fine
48 against a noncompliant statement holder; requiring
49 fine proceeds to be deposited into the State School
50 Trust Fund; specifying the length of validity for a
51 statement of need; requiring the department to monitor
52 the progress of a statement holder; requiring the
53 department to extend the length of validity for a
54 statement of need under certain circumstances;
55 creating s. 1002.3281, F.S.; prohibiting a person from
56 undertaking a project subject to review without
57 holding a statement of need; providing a penalty;
58 creating s. 1002.3282, F.S.; prohibiting the transfer
59 of a statement of need; providing a penalty; creating
60 s. 1002.329, F.S.; authorizing the department to seek
61 injunctive relief; amending s. 1002.33, F.S.;
62 conforming provisions to changes made by the act;
63 providing an effective date.
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Section 1002.322, Florida Statutes, is created
68 to read:
69 1002.322 Short title and purpose.—
70 (1) Sections 1002.322-1002.329 may be cited as the “Charter
71 School Excellence Act.”
72 (2) The Legislature finds that:
73 (a) Section 1, Art. IX of the State Constitution mandates a
74 “uniform, efficient, safe, secure, and high quality system of
75 free public schools” in this state. Thus, a uniform and coherent
76 system of public education which is both equitable and fiscally
77 efficient is imperative. All charter schools in this state are
78 public schools and are, therefore, subject to the constitutional
79 mandate.
80 (b) Since their inception in 1996, the number of charter
81 schools in this state grew to more than 615 in the 2013-2014
82 school year. Charter school enrollment in this state grew to
83 more than 229,000 students in the 2013-2014 school year. A
84 charter school can be independently opened and operated by
85 individuals, a municipality, or a legal entity organized under
86 the laws of this state. Volunteer governing boards control each
87 individual charter school, rather than the elected
88 representatives that compose each district school board.
89 Duplicative programs in charter schools, which largely mirror
90 programs available in traditional public schools, serve as a
91 burden on the already financially strained public school system.
92 The state’s charter schools should complement, and not
93 duplicate, the role of the state’s traditional public schools.
94 (c) The application process for new charter schools is
95 biased toward encouraging unmitigated growth of the charter
96 school industry, rather than focusing on the specific needs of
97 students or the safeguarding of taxpayer dollars.
98 (d) The lack of transparency and local control over charter
99 schools has resulted in the inefficient use of taxpayer dollars.
100 School districts are limited in their ability to intervene in
101 the management or instruction of an individual charter school,
102 which has exacerbated the number of charter school failures.
103 Delaying intervention into a failing charter school’s operation
104 has repeatedly resulted in the failure of the charter school and
105 the resulting displacement of students. In many instances,
106 school districts have been unable to recoup taxpayer dollars
107 that have been invested in a failed charter school.
108 Additionally, current standards of performance for charter
109 schools, compared to the standards applied to traditional public
110 schools, are inadequate given a charter school’s ability to
111 target and select particular students for enrollment.
112 (e) For-profit companies that provide charter schools with
113 various administrative services can consume a significant
114 portion of the school’s budget, which ultimately results in less
115 money going toward student education. Such administrative
116 services are duplicative of services available through the
117 school districts and are an inefficient use of taxpayer dollars.
118 (f) Many charter schools have failed to assume the role
119 that was originally envisioned for them in the original
120 authorizing legislation. Instead, many charter schools are
121 offering the same instructional services offered in traditional
122 public schools located in the same neighborhood. Unlike many
123 other states, Florida has not established a maximum cap on the
124 number of charter schools that are authorized to operate.
125 (3) The purpose of this act is to develop and implement a
126 program that requires statements of need for charter schools to
127 ensure that such schools provide innovative educational services
128 not provided by traditional public schools in the community; do
129 not duplicate existing services provided by school districts and
130 traditional public schools; and are responsible stewards of
131 taxpayer money.
132 Section 2. Section 1002.323, Florida Statutes, is created
133 to read:
134 1002.323 Definitions.—As used in ss. 1002.322-1002.329, the
135 term:
136 (1) “Capital expenditure” means an expenditure, including
137 an expenditure for a construction project undertaken by a
138 charter school, which, under generally accepted accounting
139 principles, is not properly chargeable as an expense of
140 operation and maintenance, which is made to change the student
141 enrollment capacity of the charter school, or substantially
142 change the educational services or grade levels of the charter
143 school, and which includes the cost of the studies, surveys,
144 designs, plans, working drawings, specifications, initial
145 financing costs, and other activities essential to the
146 acquisition, improvement, expansion, or replacement of the plant
147 and equipment.
148 (2) “Charter school” means a school that meets the
149 requirements of s. 1002.33 and has been issued a statement of
150 need.
151 (3) “Commenced construction” means initiation of and
152 continuous activities beyond site preparation associated with
153 erecting or modifying a charter school, including procurement of
154 a building permit, securing an executed owner/contractor
155 agreement or an irrevocable or binding forced account, and the
156 actual undertaking of foundation forming with steel installation
157 and concrete placing.
158 (4) “Department” means the Department of Education.
159 (5) “Exemption” means a school that would otherwise require
160 a statement of need but qualifies for an exemption from that
161 requirement.
162 (6) “Expedited review” means the process by which certain
163 types of applications are not subject to the review and letter
164 of intent requirements in s. 1002.325.
165 (7) “State board” means the State Board of Education.
166 (8) “Statement of need” means a written statement issued by
167 the department evidencing the need for a new, converted,
168 expanded, or otherwise significantly modified charter school in
169 a specific school district.
170 Section 3. Section 1002.324, Florida Statutes, is created
171 to read:
172 1002.324 Duties and responsibilities of department; rules.—
173 (1) The department is designated as the sole agency that
174 may issue, revoke, or deny issuance of statements of need and
175 that may issue, revoke, or deny exemptions from statement of
176 need review in accordance with applicable law and rules.
177 (2) Before determining that there is a need for additional
178 charter schools in a school district, the department shall
179 assess whether a specific need can be satisfied through existing
180 traditional public schools and charter schools.
181 (3) The state board shall establish by rule:
182 (a) Uniform need methodologies for charter schools. In
183 developing such methodologies, the state board shall, at a
184 minimum, consider full-time equivalent student population
185 trends, student demographics, the number of existing charter
186 schools already operational in a school district, the need for
187 additional programs and educational services for students which
188 may be met by a charter school, and the need for innovative
189 educational services.
190 (b) A full-time equivalent student methodology with a goal
191 of maintaining an average enrollment rate of 95 percent.
192 (4) In developing rules, the state board shall involve all
193 stakeholders to the greatest extent practicable, including
194 school district personnel, charter school operators, and
195 statewide organizations that represent public school educators
196 and charter schools.
197 Section 4. Section 1002.325, Florida Statutes, is created
198 to read:
199 1002.325 Application process and review for statements of
200 need.—
201 (1) LETTERS OF INTENT.—
202 (a) At least 30 days before filing an application for a
203 statement of need, a letter of intent shall be filed by the
204 prospective applicant with the department stating its intent to
205 develop a charter school, subject to review by the department.
206 The letter of intent shall also be filed with the district
207 school board of the school district in which the proposed
208 charter school would be located.
209 (b) Letters of intent must describe the proposed charter
210 school; specify the projected number of full-time equivalent
211 students to be enrolled; identify the educational services to be
212 provided and the specific location of the charter school; and
213 identify the applicant.
214 (c) Within 21 days after receipt of a letter of intent, the
215 department shall publish a notice of the filing of a letter of
216 intent in the Florida Administrative Register. Notices published
217 under this paragraph must specify due dates applicable to the
218 timetable or cycle for filing applications and for requesting an
219 administrative hearing.
220 (2) APPLICATION.—An application for a statement of need
221 must include:
222 (a) A detailed description of the proposed charter school
223 project and a statement of purpose and need in relation to the
224 criteria used by the department in reviewing applications.
225 (b) A statement of the financial resources needed by and
226 available to the applicant to complete the proposed project. The
227 statement must include:
228 1. A complete listing of all capital projects, including
229 facility acquisitions applied for, pending, approved, or
230 underway in this state or any state at the time of application,
231 regardless of whether the state has a statement of need program.
232 This listing must include the applicant’s actual or proposed
233 financial commitment to those projects and an assessment of
234 their impact on the applicant’s ability to provide adequate
235 funding for the proposed project.
236 2. A detailed listing of the needed capital expenditures,
237 including sources of funds.
238 3. A detailed financial projection, including a statement
239 of the projected revenue and expenses for the first 2 years of
240 operation after completion of the proposed project. This
241 statement must include a detailed evaluation of the impact of
242 the proposed project on the cost of other services provided by
243 the applicant.
244 (c) An audited financial statement of the applicant or the
245 applicant’s parent corporation if audited financial statements
246 of the applicant do not exist. In an application submitted by an
247 existing charter school, financial condition documentation must
248 include, but need not be limited to, a balance sheet and a
249 profit-and-loss statement for the 2 previous fiscal years’
250 operation.
251 (3) REVIEW OF APPLICATIONS.—
252 (a) The state board shall adopt a rule that establishes a
253 timetable or cycle basis for the submission and review of
254 statement of need applications. The timetable or cycle for the
255 submission and review of statement of need applications must be
256 aligned and consistent with the charter school application and
257 review process established in s. 1002.33. Reviews of
258 applications shall be conducted on a timely basis and provide
259 for all completed applications to be considered at least
260 annually.
261 (b) Within 15 days after the applicable filing deadline for
262 the review cycle, the department shall determine if the
263 application is complete. If the application is incomplete, the
264 department shall request specific information from the applicant
265 necessary to complete the application; however, the department
266 may make only one such request. If the requested information is
267 not filed with the department within 21 days after the receipt
268 of the department’s request, the application shall be withdrawn
269 from consideration.
270 (c) Upon the request of any applicant or substantially
271 affected person, including other charter schools and the
272 district school board, within 14 days after notice that an
273 application has been filed, a public hearing may be held at the
274 department’s discretion if the department determines that a
275 proposed project involves issues of great public interest. In
276 such cases, the department shall attend the public hearing. The
277 public hearing shall allow applicants and other interested
278 parties reasonable time to present their positions and to
279 present rebuttal information. A recorded transcript of the
280 hearing shall be maintained. The public hearing shall be held at
281 the local school district level within 21 days after the
282 application is deemed complete.
283 (d) In those cases in which a written statement of
284 opposition has been timely filed regarding a statement of need
285 application, the applicant may submit a written response to the
286 department. Such response must be received by the department
287 within 10 days of the written statement due date.
288 (4) CRITERIA.—The evaluation criteria for applications
289 submitted to the department must include the following:
290 (a) The need for the proposed charter school and
291 educational services.
292 (b) The availability of the proposed educational services
293 in existing public schools and charter schools in the school
294 district.
295 (c) The ability of the applicant to provide quality
296 educational services and the applicant’s record of providing
297 quality educational services, if applicable.
298 (d) The availability of resources, including teachers and
299 administrators, management personnel, and funds for capital and
300 operating expenditures, for project accomplishment and
301 operation.
302 (e) The extent to which the proposed educational services
303 will enhance the educational options in the school district and
304 are not duplicative of existing educational services.
305 (f) The immediate and long-term financial feasibility and
306 fiscal efficiency of the charter school.
307 (g) The costs and methods of the proposed construction,
308 including whether the charter school will be in compliance with
309 the State Requirements for Educational Facilities approved by
310 the state board, and if not, whether the charter school will be
311 in compliance with any applicable state and local building
312 codes.
313 (h) The applicant’s record of providing educational
314 services to students who are from lower socioeconomic
315 backgrounds, who are low performing, or who have disabilities.
316 (5) FEES.—The department shall assess a fee on each
317 application for a statement of need as follows:
318 (a) A minimum base fee of $10,000 per application.
319 (b) In addition to the base fee, $50 for each full-time
320 equivalent student projected to enroll based on the enrollment
321 capacity of the applicant school. The total fee assessed
322 pursuant to paragraph (a) and this paragraph may not exceed
323 $50,000 in the aggregate.
324 (c) The department shall reduce the fee assessed pursuant
325 to paragraph (b) if the fees collected are projected to exceed
326 the cost of administering the statement of need program.
327 Section 5. Section 1002.326, Florida Statutes, is created
328 to read:
329 1002.326 Disposition of applications; administrative
330 hearing; judicial review.—
331 (1) The department’s review of and final action on
332 applications submitted must be in accordance with the criteria
333 specified in s. 1002.325(4) and any applicable state board
334 rules.
335 (2) Within 60 days after all of the applications in a
336 review cycle are determined to be complete, the department shall
337 issue a report and notice of intent specifying statements of
338 need that are issued or denied for the review cycle. The
339 department’s report shall specify its findings of fact and
340 determinations upon which its decision is based. If the
341 department intends to issue a statement of need, the report and
342 notice of intent must also include any conditions that the
343 department intends to attach to the statement of need. The state
344 board shall designate by rule a senior staff person, other than
345 the person who issues the final order and notice of intent, to
346 issue the report.
347 (3) The department shall publish the notice of intent in
348 the Florida Administrative Register within 14 days after
349 issuance.
350 (4) If no administrative hearing is requested pursuant to
351 subsection (5), the report and the notice of intent become the
352 final order of the department. The department shall provide a
353 copy of the final order to the appropriate district school
354 board.
355 (5) Within 21 days after publication of the report and
356 notice of intent, any person authorized under paragraph (b) to
357 participate in a hearing may file a request for an
358 administrative hearing. Failure to file a request for hearing
359 within 21 days of publication of notice of intent constitutes a
360 waiver of any right to a hearing and a waiver of the right to
361 contest the final decision of the department. A copy of the
362 request for hearing shall be served on the applicant.
363 (a) Hearings must be held in the county in which the
364 charter school would be located unless the administrative law
365 judge determines that changing the location will facilitate the
366 proceedings. The department shall assign proceedings requiring
367 hearings to the Division of Administrative Hearings of the
368 Department of Management Services within 10 days after the time
369 has expired for requesting a hearing. Except upon unanimous
370 consent of the parties, or upon the granting by the
371 administrative law judge of a motion of continuance, hearings
372 shall commence within 60 days after the administrative law judge
373 has been assigned, and a continuance may not be granted after
374 commencement of the proceedings absent a finding of
375 extraordinary circumstances by the administrative law judge. All
376 parties, except the department, shall bear their own expense of
377 preparing a transcript. In any application for a statement of
378 need which is referred to the Division of Administrative
379 Hearings for hearing, the administrative law judge shall
380 complete and submit to the parties a recommended order as
381 provided in ss. 120.569 and 120.57. The recommended order shall
382 be issued within 30 days after the receipt of the proposed
383 recommended orders or the deadline for submission of such
384 proposed recommended orders, whichever is earlier. The division
385 shall adopt procedures for administrative hearings which
386 maximize the use of stipulated facts and shall provide for the
387 admission of prepared testimony.
388 (b) The department shall issue its final order within 45
389 days after receipt of the recommended order. If the department
390 fails to take action within such time, or as otherwise agreed to
391 by the applicant and the department, the applicant may take
392 appropriate legal action to compel the department to act. When
393 making a determination on an application for a statement of
394 need, the department is specifically exempt from the time
395 limitations provided in s. 120.60(1).
396 (6)(a) A party to an administrative hearing for an
397 application for a statement of need has the right, within not
398 more than 30 days after the date of the final order, to seek
399 judicial review in the appropriate district court of appeal
400 pursuant to s. 120.68. The department shall be a party in any
401 such proceeding.
402 (b) In such judicial review, the court shall affirm the
403 final order of the department, unless the decision is arbitrary
404 or capricious or does not comply with the requirements for a
405 statement of need.
406 (c) The court may award reasonable attorney fees and costs
407 to the prevailing party if the court finds that there was a
408 complete absence of a justiciable issue of law or fact raised by
409 the losing party.
410 Section 6. Section 1002.327, Florida Statutes, is created
411 to read:
412 1002.327 Applicability; expedited review; exemption.—
413 (1) Beginning July 1, 2016, all charter schools described
414 in this subsection are subject to review and must file an
415 application for a statement of need with the department. The
416 department is exclusively responsible for determining whether a
417 charter school project is subject to review. Schools subject to
418 review include:
419 (a) A charter school that is newly constructed or
420 established, including a replacement charter school, if the
421 proposed project site is not located on the same site as, or
422 within 1 mile of, the existing charter school.
423 (b) An existing traditional public school proposed to be
424 converted to a charter school.
425 (c) An existing charter school that increases the number of
426 students enrolled or the enrollment capacity.
427 (d) An existing charter school that increases the number of
428 grades being provided educational services.
429 (2) All charter schools that meet the criteria specified in
430 this subsection are eligible for an expedited review of an
431 application for a statement of need:
432 (a) Transfer of a previously issued statement of need. A
433 subsequent purchaser of a charter school that is not yet
434 operational, but previously issued a statement of need, may
435 acquire the school’s statement of need without a transfer.
436 (b) Replacement of an existing charter school.
437 (c) Expansion of a charter school designated as a high
438 performing charter school in accordance with s. 1002.331.
439 (d) Replication of a high-performing charter school in a
440 high-performing charter school system.
441 (3) An applicant may submit a request for exemption from
442 subsection (1) to the department. Any exemption request must
443 specifically document why an exemption is appropriate in a
444 particular circumstance.
445 Section 7. Section 1002.328, Florida Statutes, is created
446 to read:
447 1002.328 Conditions and monitoring.—
448 (1)(a) The department may conditionally issue a statement
449 of need, predicated upon statements of intent expressed by an
450 applicant in the application for a statement of need. Any
451 conditions imposed on a statement of need based on such
452 statements of intent shall be stated on the face of the
453 statement of need approval.
454 (b) A statement holder may apply to the department for a
455 modification of conditions imposed under paragraph (a). If the
456 holder of a statement of need demonstrates good cause why the
457 statement should be modified, the department shall reissue the
458 statement of need with such modifications as may be appropriate.
459 The state board shall define by rule the factors constituting
460 good cause for modification.
461 (c) If the holder of a statement of need fails to comply
462 with a condition upon which the issuance of the statement or
463 exemption was predicated, the department may assess an
464 administrative fine against the statement holder in an amount
465 not to exceed $1,000 per each day of noncompliance. Failure to
466 annually report compliance with any condition upon which the
467 issuance of the statement was predicated constitutes
468 noncompliance. In assessing the penalty, the department shall
469 take into account as mitigation the degree of noncompliance.
470 Proceeds of such penalties shall be deposited in the State
471 School Trust Fund.
472 (2)(a) Unless the applicant has commenced construction, if
473 the project requires construction, and unless the applicant has
474 incurred an enforceable capital expenditure commitment for a
475 project, if the project does not provide for construction, a
476 statement of need terminates 18 months after the date of
477 issuance. The department shall monitor the progress of the
478 holder of the statement of need in meeting the timetable for
479 school development specified in the application and may revoke
480 the statement of need if the holder of the statement is not
481 meeting such timetable and is not making a good-faith effort, as
482 defined by rule, to meet it.
483 (b) The statement of need validity period for a project
484 shall be extended by the department if the applicant
485 demonstrates to the satisfaction of the department that good
486 faith commencement of the project is being delayed by litigation
487 or by governmental action or inaction with respect to
488 regulations or permitting that precludes commencement of the
489 project.
490 Section 8. Section 1002.3281, Florida Statutes, is created
491 to read:
492 1002.3281 Statement of need required; penalties.—It is
493 unlawful for any person to undertake a project subject to review
494 without a valid statement of need. Any person violating this
495 section commits a misdemeanor of the second degree, punishable
496 as provided in s. 775.082 or s. 775.083. Each day of continuing
497 violation shall be considered a separate offense.
498 Section 9. Section 1002.3282, Florida Statutes, is created
499 to read:
500 1002.3282 Transfer prohibited.—The holder of a statement of
501 need may not transfer a statement of need to another person. A
502 holder who violates this section commits a misdemeanor of the
503 first degree, punishable as provided in s. 775.082, or by a fine
504 of up to $10,000, or both.
505 Section 10. Section 1002.329, Florida Statutes, is created
506 to read:
507 1002.329 Injunction.—Notwithstanding the existence or
508 pursuit of any other remedy, the department may maintain an
509 action in the name of the state for injunction or other process
510 against any person to restrain or prevent the pursuit of a
511 project subject to review in absence of a valid statement of
512 need.
513 Section 11. Subsection (1), paragraph (a) of subsection
514 (6), and paragraph (a) of subsection (8) of section 1002.33,
515 Florida Statutes, are amended, and paragraph (e) is added to
516 subsection (7) of that section, to read:
517 1002.33 Charter schools.—
518 (1) AUTHORIZATION.—Charter schools shall be part of the
519 state’s program of public education. All charter schools in
520 Florida are public schools. A charter school may be formed by
521 creating a new school or converting an existing public school to
522 charter status. A charter school may operate a virtual charter
523 school pursuant to s. 1002.45(1)(d) to provide full-time online
524 instruction to eligible students, pursuant to s. 1002.455, in
525 kindergarten through grade 12. A charter school must amend its
526 charter or submit a new application pursuant to subsection (6)
527 to become a virtual charter school. A virtual charter school is
528 subject to the requirements of this section; however, a virtual
529 charter school is exempt from subsections (18) and (19),
530 subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
531 s. 1003.03. A public school may not use the term charter in its
532 name unless it has been approved under this section. Effective
533 July 1, 2016, a district school board may not issue a charter to
534 a charter school that has not been issued a statement of need
535 pursuant to s. 1002.326.
536 (6) APPLICATION PROCESS AND REVIEW.—Charter school
537 applications are subject to the following requirements:
538 (a) A person or entity wishing to open a charter school
539 shall prepare and submit an application on a model application
540 form prepared by the Department of Education which:
541 1. Demonstrates how the school will use the guiding
542 principles and meet the statutorily defined purpose of a charter
543 school.
544 2. Provides a detailed curriculum plan that illustrates how
545 students will be provided services to attain the Sunshine State
546 Standards.
547 3. Contains goals and objectives for improving student
548 learning and measuring that improvement. These goals and
549 objectives must indicate how much academic improvement students
550 are expected to show each year, how success will be evaluated,
551 and the specific results to be attained through instruction.
552 4. Describes the reading curriculum and differentiated
553 strategies that will be used for students reading at grade level
554 or higher and a separate curriculum and strategies for students
555 who are reading below grade level. A sponsor shall deny a
556 charter if the school does not propose a reading curriculum that
557 is consistent with effective teaching strategies that are
558 grounded in scientifically based reading research.
559 5. Contains an annual financial plan for each year
560 requested by the charter for operation of the school for up to 5
561 years. This plan must contain anticipated fund balances based on
562 revenue projections, a spending plan based on projected revenues
563 and expenses, and a description of controls that will safeguard
564 finances and projected enrollment trends.
565 6. Contains additional information a sponsor may require,
566 which shall be attached as an addendum to the charter school
567 application described in this paragraph.
568 7. For the establishment of a virtual charter school,
569 documents that the applicant has contracted with a provider of
570 virtual instruction services pursuant to s. 1002.45(1)(d).
571 8. Documents that the applicant has been issued a statement
572 of need by the Department of Education. Issuance of a statement
573 of need does not guarantee approval of the charter school
574 application.
575 (7) CHARTER.—The major issues involving the operation of a
576 charter school shall be considered in advance and written into
577 the charter. The charter shall be signed by the governing board
578 of the charter school and the sponsor, following a public
579 hearing to ensure community input.
580 (e) The charter must identify the issuance of a statement
581 of need by the Department of Education.
582 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
583 (a) The sponsor shall make student academic achievement for
584 all students the most important factor when determining whether
585 to renew or terminate the charter. The sponsor may also choose
586 not to renew or may terminate the charter for any of the
587 following grounds:
588 1. Failure to participate in the state’s education
589 accountability system created in s. 1008.31, as required in this
590 section, or failure to meet the requirements for student
591 performance stated in the charter.
592 2. Failure to meet generally accepted standards of fiscal
593 management.
594 3. Violation of law.
595 4. Failure to maintain a valid statement of need.
596 5. Other good cause shown.
597 Section 12. This act shall take effect October 1, 2015.
